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(영문) 청주지방법원 2019.10.17 2019노422
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal is very serious when the defendant is under the influence of alcohol level 0.14%, such as that he causes a traffic accident while driving in an excessive speed while being under the influence of alcohol level 0.14% and causes four victims to suffer an injury for each two-time period. Considering that there is no agreement with the above victims and that there is a social consensus on the necessity of severe punishment for drunk driving, etc., the punishment of the court below (one year of imprisonment, three years of suspended execution, three years of probation, two years of community service, 240 hours of compliance driving, 40 hours of compliance driving) is too unafford.

2. The court below decided the above punishment against the defendant on the grounds as stated in its reasoning. The above circumstances alleged by the prosecutor as a ground for sentencing unfavorable to the court below are deemed to have been sufficiently considered when determining the punishment in the court below. In light of the above circumstances alleged by the defendant as a ground for sentencing unfavorable to the defendant in the court below, it cannot be recognized that the judgment of the court below exceeded the reasonable scope of discretion because it is too uneasible to the judgment of the court below because all of the facts of each of the crimes in this case were committed by the defendant, and it is against the mistake in depth, and the victims are covered by comprehensive insurance, and the degree of injury suffered by the victims is relatively minor, disposal of the accident vehicle, etc., again, the reason for sentencing indicated in the record, including the fact that the defendant's will not drive a drinking again.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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